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(영문) 서울북부지방법원 2017.04.20 2017고단782

특수협박

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 12:20 on February 28, 2017, at “C” located in Dongdaemun-gu Seoul Metropolitan Government around 12:20, on the ground that the Defendant resisted the Victim D (61 tax) to the Defendant who made this anti-componion, he collected the metal misunderstandings and E mobile phones on the table table and collected the victim with a view to the victim, and the Defendant’s transition ( approximately 22cm in total length, about 11cm in knife) is a dangerous object in the main room at that place, and the Defendant “nick only” shall be installed.

The above excessive amount of damages has been affected by the victim while referring to "I ker's ker's ker's ker."

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (a photograph of the criminal tools) and a photograph of the criminal tools;

1. Investigation report (the statement of wooden E);

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Standard for sentencing for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommending punishment] Standard for sentencing for the purpose of sentencing [the scope of recommending punishment / [the same sentence as the order] shall be determined by comprehensively taking into account the following conditions of sentencing, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, under the mitigation area (4 months to 1 year), and the mitigation area (4 months to 4 years), / [the person who is subject to special mitigation] under the decision not to impose a punishment

- the fact that there are records of punishment, including multiple suspended sentence due to violence - the recognition and reflection of the crime, and the agreement with the victim.